Heuer v. Ulmer

RUARK, Judge.

Plaintiffs sued the defendant in two counts for promissory note and account. Defendant filed answer and counterclaim. The jury found in favor of,defendant on both counts of the petition and in favor of plaintiffs on the counterclaim. Both parties appealed and the case went to the Supreme Court after joint motion of the parties asserting jurisdiction there. Heuer v. Ulmer, Mo.App., 264 S.W.2d 895. However, the Supreme Court held that the appeal on the counterclaim did not present a live issue (not apparent until shown by statements made in the briefs), and retransferred the case…